GI Telecom Terms and Conditions

1.1. “GI Telecom”
refers to the provider of voice over internet protocol services and associated
services. GI Telecom Ltd will be
referred in these Terms and Conditions also as “Us”, “We” or “Our”.

1.2. “Terms”
refers to these Terms and Conditions which create a legally obligatory relation
between GI Telecom and User including regulation of all the issues
related to the Services.

1.3. “User”
refers to individuals or companies using the Services in accordance with these
Terms. Users can be referred in these Terms also as “You”.

1.4. “Services”
refers to the VoIP and its associated services that are provided by GI Telecom
in accordance with these Terms.

1.5. “Website”
refers to the official web presentation of GI Telecom.

1.6. “Goods”
refer to certain means which are required to be used in order for the Services
to be provided to the User/Users.

Preliminary

2.1. By
accepting these Terms User/s is/are to be legally bound with GI Telecom as being
described and regulated hereby. For these reasons all Users are strongly
advised to carefully examine these Terms.

2.2. By
accepting these Terms You are accepting the right of GI Telecom to change these
Terms without an
obligation to inform its Users each time these changes take place.

2.3. Users
are advised to check occasionally these Terms or to contact our support in
order to get an information about the possible changes.

2.4. Users
are to accept these Terms “AS THEY ARE” without the possibility to express
their disapproval with them other than to express disapproval of further
compliance. This disapproval is to be expressed in a written notice 30 days in
advance.

Complaints

3.1. All
complaints issued by User are to be in compliance with obligatory written form and
specifically formulated periods of time.

3.2. In
case that a User wishes to express a complaint he or she has to submit a
written form followed by all documents issued on behalf of GI Telecom in the
following periods of time:

3.2.1. Seven (7) working days after the Goods are
being delivered to the User according to the Refund and RMA Policy.

3.2.2. Seven (7) working days after the Services
are being used by the User for the first time according to the Refund and RMA
Policy.

3.3. In
case that the complaint is expressed after the expiration of these time periods
the presumption about the acceptance of Goods/Services by the User with no
objections is fully valid.

3.4. By
accepting these Terms the User accepts an obligation to cover the costs of
Goods shipment or Services usage
during the 7 day period for complaints.

Security Issues

4.1. You
are strongly advised not to disclose your login data (username and password) to
any third party including GI Telecom support.

4.2. Users
are strongly advised to be fully compliant with the GI Telecom’s security
procedures and rules.

4.3. Users
are strongly advised to report immediately any behaviour or access which can
present a security threat.

Services Related Issues

5.1. All
of our Services are provided with the utmost care. However, GI Telecom cannot be
held liable under any circumstances for the following events related directly
or indirectly to the providing of Services:

5.1.1. The interruption, security breaches, or
cyber attacks.

5.1.2. Generating, storing, and transmitting of
Services related data in a complete, accurate, or secure way at any given
moment all the time.

5.1.3. Suspension of Services from various reasons
such as repairs, maintenance activities, or improvements.

5.1.4. Compliance to the requirements of the
authorities such as government, police or other relevant authorities.

5.2. By
accepting these Terms and using our Services you are hereby accepting the
following events for which GI Telecom
cannot accept any responsibility:

5.2.1. The unavailability of our Services as a
result of the situations that cannot be controlled such as weather conditions, technical failures, and
similar.

5.2.2. The unavailability to use emergency services
calls or numbers due to the issues associated with your current location.

5.2.3. The unavailability of the features you are
used to obtain from the traditional phone lines.

Users Related Issues

6.1. By
accepting these Terms the Users accept an obligation to fully comply with
regulations and recommendations expressed hereby.

6.2. The
Users are entirely responsible for the information provided by them that is
relevant for the use of the
Services.

6.3. The
responsibility for the adequate use of usernames or passwords created for the
purposes of the Services by the Users is entirely on them.

6.4. The
Users are strongly advised to perform regular updates of all data relevant to
their needs which can be lost or damaged for various reasons beyond our
control.

6.5. The
Users are entirely responsible for the quality of the Internet connection which
is required for the normal functioning of our Services.

Limitations Issues

7.1. The
Users will be responsible for any data transfer of illegal or prohibited
material according to the law.

7.2. The
Users are strongly advised to avoid the use of offensive, obscene, or
inappropriate language from
messages or calls while using our Services.

7.3. The
Users are not to use the Services described as hereby in any way that is not
compatible with the requirements of the law or common ethical behaviour.

7.4. The
Users are to enable the transfer of data that is completely free from any
malicious or harmful software.

7.5. The
Users are to accept the full responsibility for the third parties’ copyrights
or other intellectual property rights during and after the use of our Services.

7.6. The
Users are to prevent themselves from any unsolicited or unauthorized commercial
calls or emails.

7.7. The
Users are obliged to provide us with a 7 day previous written notice about the
planned use of our Services that are associated with unusual activity levels on
a large scale. The responsibility for the malfunction of the Services in these
cases with no previous notice as described hereby will be entirely on the User.

Data Related Issues

8.1. We
can access, disclose, delete, or influence date related to you without your
permission in the following cases:

8.1.1. If such an action is required by the law or
law associated authority

8.1.2. If such an action is allowed by these Terms

8.1.3. If such an action is necessary for the
providing of the Services

9.1. The
Goods related to the Services are to remain our exclusive property until the
User does not meet all payment requirements.

9.2. The
Users are responsible for the proper maintenance and use of the Goods according
to the instructions and recommendations of GI Telecom.

Liability Limitations

10.1. GI Telecom’s
liability is strictly limited to the amount of price for the Goods and Services
regardless of the circumstances which caused or the amount of a damage itself.

10.2. GI Telecom
will not be held liable under any circumstances for business related damage or
loss, such as profit, potential gain, or business opportunities; business
reputation loss, and/or data loss related
damages.

10.3. We
are not to be held liable for damages or losses that can be associated with
third parties’ links, goods, or other relevant elements required for the
providing of our Services.

10.4. You
are to exclude GI Telecom including its employees and/or associated third
parties from any claims, costs, and/or liabilities explicitly or implicitly
derived and/or related to these Services and/or Terms themselves.

10.5. You
are to exclude GI Telecom for responsibility related to the delay or inability
to provide Services according to these Terms in cases when the reasons causing
it could not be prevented or avoided with the utmost reasonable care or
attention.

Payment Related Issues

11.1. Users
are to pay VAT and all associated taxes required by the law when purchasing our
Goods and Services.

11.2. Your
payments can be executed using one of the following:

11.2.1. Direct Debit, BACS, Credit Card, Debit Card,
and/or

11.2.2. In advance

11.2.3. Monthly or annually based

11.3. For
all fees the presumption about their non-refundable character is valid.

11.4. For
all fees the payment obligation remains active in all suspension cases.

11.5. You
are hereby to accept any potential deposit or credit limit security measures
related to your account.

11.6. All
Users will be responsible for late payments related fees as being determined by
GI Telecom.

Duration issues

12.1. The
contracts related to the Services as being described hereby include the initial
time periods of 90 (ninety) days or 12 (twelve) months.

12.2. Any
party of these Terms is allowed to terminate them regardless of the reason with
an obligation to issue a previous written notice minimum 30 days in advance.

12.3. GI Telecom
is fully entitled to terminate these Terms immediately and with no previous
written notice in the following cases:

12.3.1. Any explicit and
transparent breach of these Terms’ regulations by the user

12.3.2. If that is demanded by the
law or other authorities

12.3.3. When the Users fail to comply partially or
completely with the financial or payments related
requirements of these Terms

12.4. The
consequences related to the termination of these Terms include the following:

12.4.1. The immediate termination of the Services
providing activities

12.4.2. The immediate termination of all licenses
issued by GI Telecom

12.4.3. All paid fees will remain non-refundable

12.4.4. All unpaid fees will still include an
obligation to be paid

12.4.5. All other rights and obligations will still
remain active until that is required by the nature of actions associated with
them

Confidentiality Issues

13.1. The
only situation when the parties can be required to disclose information related
to the Services, which is required as confidential, is the explicit demanded by
the law or other authorities.

13.2. All
the cases that are to be treated as the exceptions from the previous article
have to be examined thoroughly and with mutual consent of both parties.

Other Relevant Issues

14.1. All
notices of relevance to these Terms are to be sent to the contact physical or
electronic address issued by GI Telecom.

14.2. Your
notes can be hand written, recorded, printed, or typed.

14.3. These
Terms represent the entire legally obligatory relation between the parties
related to the Services.

14.4. These
Terms are to supersede any prior written or verbal, explicit or implicit
agreements between the parties.

14.5. In
case that a certain section or sections of these Terms become invalid or cannot
be applied regardless of the reason in
question the remaining sections will retain their validity and full legal
force.

14.6. By
accepting these Terms you are accepting to exclude yourself from a right or
remedy according to the Misrepresentation Act 1976 to fullest extent allowed by
the law with an exception of fraudulent cases.

14.7. Any
unauthorized assigning or subcontracting of the Services described as hereby by
the User is strictly prohibited by these Terms.

14.8. No
individual, business or legal entity is entitled to any right or obligations
related to the parties of these Terms, who themselves are not parties or
directly associated to these Terms.

Closing Regulations

15.1. GI Telecom’s
failure to perform or delay in performing the rights or remedies regulated by
these Terms cannot under any circumstances represent a basis for the waivers
related to these rights or remedies.

15.2. No
element of these Terms can be used as a basis for foundation of partnership or
joint venture between the parties under any circumstances.

15.3. These
Terms are to be regulated and governed by an exclusive jurisdiction of the
Britain’s Law and Courts. Any potential dispute related to these Terms is to be
addressed directly to the courts of the City of London.

15.4. Users
are strongly to advise to try reaching a settlement by the means of mediation
related to the disputes derived from these Terms, before addressing the court
as the final legal instance.

15.5. Please
note that all unused call credits and other associated assets can be used
within the period of maximum 6 months. After this period it will not be
possible to refund or reclaim them.

15.6. In
certain cases some of the calls may be recorded for the training, improvement
of services, and dispute resolution services. By accepting these Terms you are
expressing your consent with this eventuality.

Technical Issues

16.1. We
have a 24 hours shipment policy when it comes to the Goods we deliver as means
required for providing our Services.
However, we cannot guarantee that all Goods will be available for shipment due
to the availability issues with the third parties and suppliers. We will do our
best to provide the goods
within 24 hours time period, but we cannot guarantee that and we cannot be held
responsible for any delays in this matter.

16.2. Please
note that your credit and debit cards will be debited right after ordering and
before shipment.The
charged amount will include VAT and all required taxes.

16.3. All
ordering, shipment, payment, and charging actions are to take place during the
working week from Monday to Friday and between 9 am and 5 pm.

16.4. Please
note that our shipment and pricing policy may slightly vary from country to
country. For that purpose you are required to inform in detail previously about
these issues.

16.5. Please
note that you will have an obligation to cover all additional costs of custom
and taxes which are specific for certain countries.

RMA and Refunding Policy

17.1. It
is according to GI Telecom’s policy to be allowed to change your mind about our
Goods, which have been previously ordered. However, you are obliged to inform
us 7 days in advance.

17.2. For
this purpose you are required to use the RMA (Return Merchandise Authorization)
form. Please note that you will be informed about the additional address where
to return the Goods. This address may vary from the initial address you
received the Goods in the first place.

17.3. Please note that the Goods must be returned
in their original undamaged condition. In addition, the responsibility for the
return costs is always on User.